Temporary Disability Insurance Requirements by State

Author: Tracy Morley, XpertHR Legal Editor

Temporary (or short-term) disability insurance (TDI) provides income protection to employees who cannot work due to a nonwork-related illness or injury. Employers in five states, California, Hawaii, New Jersey, New York and Rhode Island, are required to provide temporary disability insurance to workers. Some state (and local) laws may also provide family leave benefits. These laws cover employees who work in these jurisdictions, regardless of the location of the employer's headquarters.

The following chart helps employers understand each state's temporary disability insurance requirements. States that have none are marked N/A.

Due to its large size, this chart is presented in a pop-up overlay. To view the chart in full size, simply click anywhere on the thumbnail image below. Then navigate the chart by clicking and dragging. To close the chart, click on the "X" in the upper-right hand corner.


State Municipality Covered Employers Covered Employees Financing Weekly Benefit Amount Maximum Benefit Period(s) Waiting Period Coverage Options
Alabama N/A
Alaska N/A
Arizona N/A
Arkansas N/A
California Employers, other than public agency employers, with one or more employees and paying wages of $100 or more in a calendar quarter. Employees earning at least $300, from which state disability insurance deductions were withheld during a base period.

Employee: 0.9% of the first $110,902 in wages. The maximum amount for 2017 is $998.12.


Employer: None required.
55% of average weekly earnings shown in the highest quarter of the employee's base period. Rate will increase to 60% (or 70% for low-income employees) beginning January 1, 2018. The maximum weekly benefit amount for 2017 is $1,172.57.

52 weeks for disability leave.

Six weeks for paid family leave.

Seven consecutive days. Benefits begin on the eighth consecutive day of disability. The seven-day waiting period for paid family leave benefits is eliminated effective January 1, 2018. State administered plan or authorized voluntary private plan that equals or exceeds the state plan and that provides at least one greater benefit than required by the state plan.
San Francisco Employers, other than the City of San Francisco or other governmental entities, with 20 or more employees. Effective January 1, 2017, for employers with 50 or more employees; July 1, 2017, for employers with 35 or more employees; January 1, 2018, for employers with 20 or more employees. Employees must be eligible for California paid family leave; have worked at least 180 days; and work at least 8 hours per week in San Francisco, with at least 40% of total weekly hours worked in San Francisco. Employer pays. The difference between the California paid family leave amount and the employee's normal weekly wage, subject to the maximum weekly benefit amount. Employer follows state law. Employer follows state law. Employer follows state law.
Colorado N/A
Connecticut N/A
District of Columbia N/A
Delaware N/A
Florida N/A
Georgia N/A
Hawaii N/A Employers with one or more employees. Current employees with at least 14 weeks of employment during each of which the employee was paid for 20 hours or more and earned at least $400 in the 52 weeks preceding the first day of disability. The employer may cover the entire cost or deduct one-half the premium cost but not more than 0.5% of an employee's weekly wages. The maximum amount for 2017 is $1,023.31. 58% of average weekly earnings shown in the highest quarter of the employee's base period. The maximum weekly benefit amount for 2017 is $594. 26 weeks. Seven consecutive days. Benefits begin on the eighth consecutive day of disability. Insured plan; self-insured plan; or collective bargaining agreement, which is at least as favorable as the TDI law.
Idaho N/A
Illinois N/A
Indiana N/A
Iowa N/A
Kansas N/A
Kentucky N/A
Louisiana N/A
Maine N/A
Maryland N/A
Massachusetts N/A
Michigan N/A
Minnesota N/A
Mississippi N/A
Missouri N/A
Montana N/A
Nebraska N/A
Nevada N/A
New Hampshire N/A
New Jersey N/A Any employer subject to the New Jersey Unemployment Compensation Law. Employees with at least 20 calendar weeks in which the employee earned $168 or more or who have earned $8.400 or more in the 52 weeks immediately preceding the week in which the disability began.

For Temporary Disability


Employee: 0.24% of annual earnings up to the taxable wage base. The maximum amount for 2017 is $80.40.


Employer: For new employers, 0.5% of annual earnings up to the taxable wage base. For other employers, ranges from 0.10% to 0.75% of the first $33,500 of wages earned by each employee, depending on the employer's experience rating.


For Paid Family Leave


Employee: 0.01% of the first $33,500 of wages earned. The maximum amount for 2017 is $33.50.


Employer: None required.

Two-thirds of an employee's average weekly wages. The maximum weekly benefit amount for 2017 is $633.

26 weeks for disability leave.

Six weeks for paid family leave.

Seven consecutive days. Benefits begin on the eighth consecutive day of disability. For disabilities lasting longer than 21 days, benefits begin on the first day of disability. State administered plan or fully insured or self-insured private plan that equals or exceeds the state plan.
New Mexico N/A
New York N/A Employers with one or more employees for 30 days in a calendar year.

For Temporary Disability


Employees who have worked at least four consecutive weeks.


For Paid Family Leave


Beginning January 1, 2018, employees who have worked at least 26 consecutive weeks.

For Temporary Disability


Employee: 0.5% of the first $120 of weekly wages earned, to a maximum of $0.60 per week.


Employer: Balance of plan costs not covered by employee.


For Paid Family Leave


Employee: Maximum employee contribution will be set July 1, 2017, and annually after that on September 1.


Employer: None required.

For Temporary Disability


50% of an employee's average weekly wage. The maximum weekly benefit amount is $170.


For Paid Family Leave


50% of an employee's average weekly wage, beginning January 1, 2018.


55% of an employee's average weekly wage, beginning January 1, 2019.


60% of an employee's average weekly wage, beginning January 1, 2020.


67% of an employee's average weekly wage, beginning January 1, 2021.

For Temporary Disability


26 weeks during any consecutive 52-week period.


For Paid Family Leave


8 weeks during any consecutive 52-week period, beginning January 1, 2018.


10 weeks during any consecutive 52-week period, beginning January 1, 2019.


12 weeks during any consecutive 52-week period, beginning January 1, 2021.

For Temporary Disability


Seven consecutive days. Benefits begin on the eighth day of disability.


For Paid Family Leave


No waiting period.

Insured or self-insured plan that meets minimum state requirements.
North Carolina N/A
North Dakota N/A
Ohio N/A
Oklahoma N/A
Oregon N/A
Pennsylvania N/A
Rhode Island N/A Employers with one or more employees who work some portion of a day within a calendar year. Employees earning at least:
  • $11,520 in base period wages; or
  • $1,920 in one base period quarter, and
    • Total base period wages of at least 1.5 times the highest quarter of earnings; and
    • Minimum total base period earnings equal to at least $3,840.

Employee: 1.2% of the first $68,100 of wages earned.


Employer: None required.

4.62% of the wages paid in the highest quarter of the employee's base period. The maximum weekly benefit amount for claims with a benefit year begin date of July 3, 2016, or later is $817.


Employees may be eligible for a dependency allowance equal to the greater of $10 or 7% of the weekly benefit amount per dependent child, up to five dependents.

30 weeks for disability leave.

Four weeks for temporary caregiver leave.

No waiting period, but employee must be out of work for seven days in order to be eligible for benefits. State administered plan only.
South Carolina N/A
South Dakota N/A
Tennessee N/A
Texas N/A
Utah N/A
Vermont N/A
Virginia N/A
Washington N/A
West Virginia N/A
Wisconsin N/A
Wyoming N/A